Toyota’s Massive Safety Problems Continue

The massive safety-related problems at Toyota are still being uncovered. Things are still coming to light – almost on a daily basis – that are very disturbing. I will update the timeline relating to Toyota’s problems that was in the last issue, which hopefully was helpful to our readers.

The Updated Toyota Timeline

1986

In September, NHTSA orders its first recall of Toyota cars because of “speed control” problems related to a faulty cruise control system in models as far back as 1982. A second investigation into sudden-acceleration dangers with Toyota vehicles takes place that same year.

1999

Toyota recalls the popular Lexus RX for problems with an electronic control unit that causes the headlights and taillights to turn on and off without warning.

2000

Toyota discontinues using mechanical linkage in its throttle systems in favor of an electronic throttle control system.

2003

Toyota makes 6.78 million vehicles and overtakes Ford Motor Co. in annual sales to become No.2 in sales behind only General Motors.

In February, NHTSA conducts the first of many defect investigations regarding speed control problems. The first two involve the Camry and Solara models.

In April, Toyota internally deals with an “unwanted acceleration” incident during the production testing of the Sienna model. Toyota blamed a faulty trim panel clip, trapping the pedal assembly. Toyota calls this an “isolated incident.” Toyota does not report to NHTSA until five years later during a blanket information request by the agency.

In July, NHTSA opens first probe of sudden-acceleration complaints in Lexus sedans at owners’ request.

In September, the Lexus probe is closed claiming no defect was found.

2004

In March, after another customer petition, NHTSA opens a wider probe into Lexus Sedans. NHTSA also informs Toyota that the agency is opening an investigation into unwanted acceleration and vehicle surge complaints in 2002-2003 Camry and Solaris models. Toyota’s VP for regulatory affairs, Christopher Tinto, and another of his employees, Christopher Santucci, “work closely” with NHTSA and manage to narrow the investigation to 11 incidents involving five crashes. Both Mr. Tinto and Mr. Santucci are former NHTSA employees.

In July, NHTSA closes its investigations again, claiming no defects were found. NHTSA turns down two more requests from owners for new looks at the problem. NHTSA cites lack of resources as the reason for that decision.

2005

CTS, a manufacturer, begins to make pedal assemblies for Toyota.

In August, NHTSA conducts an evaluation of the Camry after reports of “inappropriate and uncontrollable vehicle accelerations.”

In November, Toyota’s Tinto writes NHTSA that a dealership-led review of 59 owner complaints about their Toyota vehicles found that “no evidence of a system or component failure was found and the vehicles operated as designed.”

2006

By January, NHTSA had opened a second investigation and had received questionnaires sent to Camry owners. Hundreds are returned from owners with reports of problems of acceleration and braking. NHTSA says the claims are of “ambiguous significance” and closes the investigation. Again, a strange turn of events.

Toyota group global sales of 8.808 million vehicles exceed GM’s by 128,000, making it the world’s biggest automaker.

In August, NHTSA receives more complaints about the accelerator issues with the Camry models that cover model years 2002-2006.

In September, NHTSA opens a third investigation. Another Camry owner petitions the administration to investigate multiple “engine surging” incidents he experienced.

Toyota’s Tinto writes NHTSA and says that Toyota found no abnormality in the throttle controller and blames water damage from driving in heavy rain as the reason for any problems that might exist.

NHTSA fails to identify the problem and closes the investigation citing “the need to best allocate limited administration resources” as the reason for the closure. Again – even if true – very strange.

In March, NHTSA launches probe into floor mats in Lexus models. Toyota says “issue is not a safety concern.”

On July 26th, for the first time, NHTSA verifies fatal crash link to floor mats. Troy Edwin Johnson is killed when a Camry accelerating out of control hits his car at 120 mph. The driver of the Camry had been unable to slow the vehicle for 23 miles prior to the accident. Toyota eventually settles with the family for an undisclosed amount.

In August, NHTSA upgrades its investigation to an “engineering analysis.” This means the agency will do vehicle testing instead of just reviewing complaints or single vehicles and crunching questionnaire numbers as done in the past.

State Farm Insurance notifies NHTSA of accident data related to 2005-2007 Toyotas and an uptick in numerous complaints of “unwanted acceleration.” The insurer did the right thing and you would think NHTSA would have to pay attention to this warning.

In September, under pressure from NHTSA, Toyota recalls 55,000 Camry and Lexus models because of suspected floor mats that interfere with the accelerator pedal.

Documents now obtained from Toyota show that the carmaker noted that it had saved $100 million by conducting a limited recall as opposed to a full recall. The company said that was a “win.”

2008

In January, NHTSA, again, at a customer’s request, launches probe of sudden acceleration in Tacoma pickups. The complaints involve 478 incidents where 2004-2008 model year Tacoma engines allegedly sped up even when the accelerator pedal wasn’t pushed. Toyota’s Tinto told NHTSA that the automaker couldn’t find enough evidence to support allegations and an investigation wasn’t warranted.

In August, after an eight month review, NHTSA closes the Tacoma investigation, claiming to find no defect despite hundreds of complaints. This is the eighth investigation of Toyota vehicles since 2003. Over 2600 complaints of Toyotas and “runaway cars” have been reported, and 271 of these complaints were rejected by NHTSA without even asking Toyota for data. Again, most strange!

2009

In April, NHTSA receives another petition, this one to investigate throttle-control problems unrelated to floor-mat issues in the Lexus ES vehicles.

In August, the fatal crash of a Lexus ES350 in California kills four people. NHTSA quickly links this incident to floor mats.

In September, NHTSA tells Toyota it expects wider recall of mats by the end of the month.

In October, Toyota issues floor mat warning but has to be pushed by NHTSA to issue recall.

In October, Toyota recalls 3.8 million vehicles related to the floor mat issue.

In November, Toyota expands the floor mat recall by over a million vehicles.

In December, NHTSA opens investigations on whether the electronic control modules in some Corolla and Matrix models causes them to stall without warning. The agency also opens an investigation into the 2003 Sequoia SUV model for problems with the computerized vehicle stability control system.

In December, NHTSA officials fly to Tokyo to meet with Toyota executives, asking for quicker response to safety concerns.

NHTSA investigations of Toyota and allegations of unintended acceleration rise to 13 in a 25-year period resulting directly in four recalls.

On January 16th, Toyota tells NHTSA it may have “an issue” with sticking accelerator pedals.

On January 19th, NHTSA meets with Toyota officials in Washington, telling the automaker it must conduct a recall.

On January 21st, Toyota issues recall for 2.3 million vehicles for sticking accelerator pedals.

On January 26th, Toyota halts production and stops selling eight models under pressure from NHTSA.

On January 27th, Toyota expands the pedal recall by 1.1 million vehicles.

On February 3rd, Kelley Blue Book devalued Toyota models by as much as 5%. Edmunds (an auto research firm) puts the average devaluation between 4% and 8% on Toyota vehicles. This devaluation is expected to continue.

On February 5th, Toyota admits problems with brake software in 2010 Prius Hybrids.

On February 9th, Toyota announces that Exponent Consulting (formerly Failure Analysis Associates Inc.) had completed a 56-page report and sent to Congress a report that a test of Toyota’s electronic throttle system behaved as intended.

On February 12th, Toyota recalls 2010 Tacoma due to a dangerous drive shaft condition.

The Wall Street Journal publishes an article that discusses Toyota’s “black box” event recorder and its use for investigating Toyota’s safety problems. According to NHTSA and Toyota, only one “reader” exists in the U.S. and is located at Toyota’s headquarters in California. Toyota claims that the unit is still experimental and can give false readings. In comparison, all U.S. automakers have made their event recorders easily readable by third party companies that make diagnostic equipment.

On February 16th, the Department of Transportation demands that Toyota turn over documents related to its massive recalls to see how long the automaker knew of safety defects before taking action. The company is given between 30 and 60 days to respond or face fines. Toyota’s recalled vehicles top 9 million units.

On February 16th, Toyota begins to “look into” steering problems with its Corolla models.

On February 18th, it was learned that NHTSA had excluded eight early reports of deaths linked to the sudden acceleration problem. That brought the total deaths to 42.

On February 23rd, the Congressional hearings started and over a period of days a great deal was learned about Toyota’s safety issues.

On March 2nd, Toyota executives tell U.S. lawmakers they will make data recorders available to read the “black boxes” to enable regulators to access the information on Toyotas involved in SUA incidents.

By March 3rd, at least 20 Toyota owners have complained to NHTSA about SUA incidents after they had recall repairs done at Toyota dealerships.

On March 4th, Associated Press starts an ongoing report about Toyota’s efforts to block access to data recorder information in previous lawsuits. The information was gathered from lawsuit records and interviews with auto crash experts.

On March 8th, Toyota assembles a group of “experts” to hold a press conference intended to discredit the scientists and safety experts who had warned the public about ongoing SUA and brake dangers at Toyota.

That same day, James Sikes, a Toyota owner, calls 911 from his out of control Prius after it began speeding uncontrollably down a California highway at up to 94 miles per hour. Only with the help of a Highway Patrol officer’s use of his squad car was Sikes able to slow his Prius down.

As of April 5th, NHTSA had received 70,000 internal documents that were requested and produced from Toyota.

On April 5th, Toyota was notified of an impending statutory fine of $16 million as a result of the carmaker’s actions up to the recall. This is far and away the largest fine ever levied against an automaker.

On April 8th, an internal e-mail between Toyota executives is published in the national media. In that e-mail, one of the executives tells his colleagues that “the time to hide is over” and they need to “come clean” about the pedal issues.

On April 8th, our firm, along with others, proactively filed a Freedom of Information Act request to access and independently review the 70,000 Toyota documents turned over to NHTSA.

On April 12th, Associated Press continues its investigation into Toyota’s behavior and publishes a report showing the “questionable, evasive and deceptive legal tactics” when Toyota was sued. It was stated by Associated Press that Toyota “frequently claimed that they [Toyota] did not have information and even ignored court orders to produce documents.”

On April 16th, Toyota announces yet another recall of vehicles. Toyota’s 600,000 Sienna minivans have problems with their spare tire carrier. Toyota claims it was unaware of any accidents or injuries regarding this new recall; although, NHTSA said it had recorded six complaints of spare tires falling off the subject vehicles.

On April 18th, Toyota agrees to pay the $16 million dollar fine from NHTSA for its failure to announce the “sticky” pedal recall in a timely manner.

On April 19th, Toyota again issues another recall. The Lexus GX 460 Sport Utility Vehicle (SUV) model is recalled to address problems with the electronic vehicle stability control system. Prior to this recall, Consumer Reports announced a “don’t buy” rating for these Toyota vehicles due to the roll over danger.

The battle with Toyota is far from over. The company will continue its public relations campaign – combined with its aggressive defense of all litigation – and that combination assures a lengthy battle. Our firm has already filed a number of death cases and our lawyers in the Product Liability Section are currently investigating a number of potential claims. If you need more information, contact Cole Portis, Graham Esdale, Greg Allen or Dana Taunton in our firm at 800-898-2034 or by email at Cole.Portis@beasleyallen.com, Graham.Esdale@beasleyallen.com, Greg.Allen@beasleyallen.com or Dana.Taunton@beasleyallen.com.